Thứ Hai, 10 tháng 7, 2017

M&A, abbreviated by Mergers and
Acquisitions is expanding in both quantity and volume in Vietnam in many
sectors. Successful M&A deals depend on various factors and legal due
diligence, and drafting agreements are important processes in Vietnam.

For investors whom are interested in
M&A deal in Vietnam as buyer or seller,it is important to hire a law firm
that will assist in the process. The law firm in Vietnam could provide assessment of the
target company through a legal due diligence, a legal background directly
related to M&A deal, all of which are necessary to the completion of a
successful deal. The attorney could then draft the letter of intent, and legal
contracts, including the final purchase agreement, which will include a lot of
stipulations that will need to be done correctly in order for the business
transaction to be beneficial to both parties and in compliance with Vietnam regulations.

A law firm with expertise of Vietnam
regulations, with the lawyers having experience and legal knowledge will be
able to provide the clients with the right check-list of the documents to
review. In addition, the presence of lawyers contributes to strengthening
the trust of the parties. In recent years, foreign businesses have often made
acquisitions of all or part of a Vietnamese enterprise, and they often require
the seller to engage law firms specializing in M&A. And now, not only the
foreign businesses but also the Vietnamese parties are in need of conducting
M&A deals with the participation of lawyers to ensure the success.

Lawyers shall conduct
legal due diligence of
enterprises, check reports and explanations with prudence, honesty and
efficiency. They help the buyer and/or seller to understand their legal status,
legal rights and obligations, legal regulations for assets, labor contracts,
land records, construction and investment registration, certificates, and
licenses and other matters. This is the basis for determining the status of
enterprise and possible legal risks may cause. Lawyers will conduct and produce
the most comprehensive, accurate, legal and objective information and legal
documents by their professional, knowledgeable and ethical.

Lawyers shall advise the structure of an
M&A to ensure the commercial intent that the parties are aiming and shorten
the execution time and costs. In addition, it ensures the legality of
procedures, safety and minimizes the legal and financial risks for the parties.

There is no common contract template for
all M&A deals. Lawyers shall actualize the trade agreements, the will of
the parties to the legally binding terms of the contract as well as clearly
defines the rights and obligations of the parties to ensure the enforceability,
minimize unlawful agreements or unclear terms that may cause the subsequent
disputes.